Updated 19.25pm
RECEIVERS APPOINTED TO Brian O’Donnell’s house in Killiney this evening nailed a court order to the gates of the home.
Earlier today the High Court refused an attempt by a Dublin family to stop the repossession of their Killiney home.
Mr Justice Brian McGovern summarily dismissed the application for an injunction by the O’Donnell family this afternoon.
The judge found that the family do not have permission to be in the house. However, his son, Blake O’Donnell has told the court that his father, Brian O’Donnell, is not accepting the court’s decision.
It’s reported this evening that the court order was removed from the gate by members of the Land League, who say they are assisting the family, and taken inside to Brian O’Donnell.
Brian O’Donnell, who is a solicitor, barricaded himself inside the house yesterday and is believed to still be there.
Addressing Mr Justice Brian McGovern, Blake O’Donnell said:
“We’re saying that the judgement of the High Court was obtained by perjured evidence and fraud.”
The barrister for Bank of Ireland said that the O’Donnells were raising issues which had already been adjudicated upon by the High Court and, on appeal, by the Supreme Court.
Blake O’Donnell said his father claims that he and his wife have ”a right of residency at Gorse Hill”.
Bank of Ireland warned that if O’Donnell does not vacate the premises, the bank will bring an injunction against him and his wife for trespassing.
The bank had sought the repossession of the house on Vico Road in Killiney due to a debt reported to be over €71 million.
Blake O’Donnell, representing his parents in court today, was asked to communicate the court order to his parents by telephone. He responded that he thought the request was “ridiculous”.
Judge McGovern asked Blake O’Donnell if he understood the order given, telling him: “We can do this the easy way or make this more difficult”.
He directed Blake O’Donnell to contact his parents with the court’s decision.
After a 20 minute break, Blake O’Donnell told the court that his parents had said that as they were not party to the proceedings, their position was that there is no order against them.
The judge reiterated the order, and asked if the couple will yield to the receiver or obstruct them. Blake O’Donnell replied that his parents did not accept that the receiver had the right to repossess the house.
Judge McGovern told O’Donnell that as both he and his father are solicitors, they understand the consequences of not complying with a court order.
Blake O’Donnell told the court that his parents will be appealing the court’s decision.
Senior counsel for Bank of Ireland said it had “anticipated this situation might arise” stating that they had “fresh proceedings” against the O’Donnells in the form of trespass proceedings.
Mr Justice McGovern gave Bank of Ireland permission to serve papers for a trespass injunction on the couple and to fix them to the gate of the house if there is no response from the intercom, as there is no postbox.
He ordered the copies of the papers be emailed to the O’Donnells.
Land League
Brian O’Donnell has been joined by members of The New Land League, an anti-repossession group. Gardaí were also present at the house, which is called Gorse Hill.
The giant house was once valued at around €30 million, but is now believed to be worth around €7 million. Bank of Ireland was granted a repossession order last month.
Blake O’Donnell did not comment to the media.
Jerry Beades of the Land League spoke following today’s proceedings.
“Injunction proceedings have failed but the case still goes on.”
He said there will be an appeal lodged and a full hearing is listed for Thursday.
Beades said the O’Donnells will be putting up a “vigorous defence”.
Beades previously described the case as a complicated one. He said that O’Donnell is not the subject of a court order to vacate Gorse Hill.
When asked about the Land League’s involvement in the case, Beades told TheJournal.ie this morning that “the issues that are at the heart of this affect ordinary house owners”.
He said “it’s wild out there at the moment” and that the Land League is looking for the government and regulator to investigate “what the banks are at”.
Additional reporting by Christine Bohan and Christina Finn. Published at 3.07pm
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